[2020] KEHC 1327 (KLR)
The court found that the applicant failed to provide any reasons for the delay in filing an appeal against the sentence. Upon review, the court determined that the 10-year imprisonment sentence was lawful and, in fact, below the mandatory minimum of 20 years prescribed by Section 8(3) of the Sexual Offences Act....
Source-derived case information.
- Citation
- [2020] KEHC 1327 (KLR)
- Parties
- Applicant: David Ooko Madoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 66 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence and Leave to Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Leave to Appeal, Sexual Offences Act, Mandatory Minimum Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ooko Madoo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence and Leave to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for delay in filing an appeal against sentence.
- 2 Whether the sentence imposed was lawful and in accordance with the Sexual Offences Act.
Ratio Decidendi
The court found that the applicant failed to provide any reasons for the delay in filing an appeal against the sentence. Upon review, the court determined that the 10-year imprisonment sentence was lawful and, in fact, below the mandatory minimum of 20 years prescribed by Section 8(3) of the Sexual Offences Act. Consequently, the application for review of sentence and for leave to appeal was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence and leave to appeal is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 66 OF 2020
DAVID OOKO MADOO..………………........................................................APPLICANT
VERSUS
REPUBLIC……………………........................................................…….…RESPONDENT
(Application for review of sentence and leave to appeal against sentence in Siaya PM’s Court SO Case No 51 of 2019 dated 6th February 2020 by Hon. Muthoni Mwangi, RM)
RULING
1. I have considered the Application for review of sentence and twinned with a prayer for leave to appeal against sentence.
2. The Applicant was convicted and sentenced on 6/2/2020. No reasons have been given for delay in filing an appeal against sentence.
3. On review of 10 years imprisonment, the sentence imposed was lawful and far much below the mandatory minimum of 20 years provided for under Section 8(3) of the Sexual Offences Act.
4. Accordingly, I find this application not merited.
5. It is hereby dismissed.
6. File closed.
Dated, signed and delivered at Siaya this 5th day of October 2020
R.E. ABURILI
JUDGE